The defendant shall pay 15,00,000 won to the plaintiff and 5% per annum from January 11, 2020 to November 13, 2020 and the next day.

1. Basic facts

A. The plaintiff is a legally married couple who completed the marriage report on January 24, 1997, and has three children between C and C.

B. From August 2018, the Defendant served in the same workplace as C, and became aware of C, and maintained unlawful relations, such as having a sexual relationship with C from around that time to the time of the instant lawsuit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of a couple’s communal living. A third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage by committing an unlawful act with one of the married couple, thereby infringing on his/her right as a spouse and causing mental pain to the spouse, in principle, constitutes tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the aforementioned facts, the Defendant committed an unlawful act, such as entering into a sexual relationship with C with the knowledge that C is a spouse, with the knowledge that C is a spouse. Since the Defendant’s act is deemed to have infringed upon the Plaintiff’s marital relationship or interfered with the maintenance thereof, the Defendant is obliged to pay emotional distress suffered by the Plaintiff in money.

B. Furthermore, with regard to the amount of consolation money, the amount of consolation money that the Defendant is liable to compensate the Plaintiff shall be determined as KRW 15 million by comprehensively taking into account all the various circumstances shown in the pleadings of the instant case, including the content, degree, and period of fraudulent act between the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the impact of the Defendant’s fraudulent act on the

C. Therefore, the defendant is entitled to consolation money of KRW 15 million and its claim against the plaintiff as the plaintiff after the date of tort.